Query ownership of a coffee machine

The_mangler

Two years ago I was manager of a coffee shop within a community centre, they paid the cheque for a coffee machine but it was my name on the purchase contract. Since I left, the new manager has been buying more products from them but using my name and details. I have now been contacted on three occasions asking for this payment, I have told them I left in 2010 and this invoice relates to 2011 but they say as it is my name on the contract then I am liable. My question is: if I am liable for the debts does that mean I also have legal ownership of the machine itself?

Thanks in advance

Tina20

Sounds like fraud to me, they are using your details without your permission and fraudulently.

DVardysShadow

You are only liable if you put your name on the contract. If someone else puts your name on the contract, you are not responsible.

As for ownership of the machine, that passed to the community centre when they paid. If you are thinking of paying the debt and taking the coffee machine, don't even go there. You should stick to your guns that the debt is nothing to do with you - rather than having your reputation trashed by paying which effectively admits it was your debt and you were very late paying.

Hintza

Slightly facetious, but why not ask them if Mickey Mouse's name was on the contract would they be chasing him?

Send them a letter detailing when you were there, and who they should be chasing etc .

arcon5

Did you by any chance also write a company name on the order form? If so you could easily argue you represented the company at the time of Purchase. If you didn't then this could be a problem.

It may be a case of you opening an account and then orders being placed subsequently without anybody questioning the name on it.

Even if they do have a valid claim against you, you would have a valid claim against the business.

If the business has ever made payments to the account, this could also set a precedence that you acted on behalf of the business, therefore the business owner is liable.

You should take a copy of the contract/order forms to a solicitor for some professional advice.

arcon5

Hintza wrote: »

Slightly facetious, but why not ask them if Mickey Mouse's name was on the contract would they be chasing him?

I suspect in the absence of a business name on the form and in the event a false name was given they would still be chasing op, since it was op whom originally placed the order

Providing incorrect details wouldn't mean you aren't liable

DVardysShadow

arcon5 wrote: »

I suspect in the absence of a business name on the form and in the event a false name was given they would still be chasing op, since it was op whom originally placed the order

Providing incorrect details wouldn't mean you aren't liable

OP did not place the order which is in dispute. OP made one order which was concluded to everyone's satisfaction. The order which is in dispute was made without the OP's involvement.

The_mangler

Thanks for all the responses so far.

Just to clarify, I ordered the initial coffee machine and signed the contract for it with my name and company name, the machine was paid for with a cheque by the committee of the community centre. I left in August 2010 (the name of the business and on the contract has not been used since) yet a subsequent manager was ordering coffee from them using my name and account number. Referring the company back to the secretary of the CC has got me nowhere, he has simply put them back to me. I am considering contacting a solicitor but its an expense I can ill afford at the moment, I guess for sheer bloody mindedness I was wondering if I could lay claim to ownership of the machine if they wanted me to own the debt as well!

DVardysShadow

OK, I think a sharp letter to the secretary of the CC, copied to the supplier, instructing them to take responsibility for their orders, to cease using the account in your name and to take responsibility for all materials ordered against that account. A bit careless of you to leave that account available.

The_mangler

Yes it was, but unfortunately I had to leave in a hurry due to my husband being taken very ill. These things got overlooked and I (foolishly) trusted them to take care of things (they are a charity, I had other things on my min d etc etc) Thanks again